WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Friday, September 15, 2006

JUDGE CRESPO'S COURTROOM

Judge Glick took a moment from his busy schedule to drop us an email to enlist our assistance in the worthy cause of renaming the Bond Hearing Courtroom in Honor of the late Judge Manny Crespo:

[We] need to get a band wagon effect going to name the bond hearing courtroom after the late Judge Manuel Crespo. Most recently Judge David Young floated an idea, with the powers that be, to name the bond hearing Courtroom 5-3 in Manny’s honor. So far no word. I believe if the bench and bar were made aware of this idea and spoke to people who need speaking to it might have some success. Your BLOGSITE disseminates a lot of information to people who could make a difference. Please consider.

Rumpole wonders “who the powers may be” are?Is there actually an individual who has the keys the REGJB? We thought the building was run by Gremlins.

When Judge Crespo died there were many stirring tributes written about him on this blog. One consistent theme voiced by many of his fellow members of the bench and the lawyers who appeared before Judge Crespo was his dedication to the law in Dade County and his willingness to work weekends and holidays to make sure Bond Hearings were done, and done well. It made a big difference to lawyers and clients when they appeared at a hearing on a weekend or holiday to see a wise and experienced Judge like Manny Crespo on the bench. Walking into an otherwise empty courthouse on the weekend with their client's worried family members, lawyers would tell their client’s families something to the effect of : “We got lucky today. It’s Judge Crespo. He knows what he’s doing.”

MEMO TO THE MIAMI CHAPTER OF THE FACDL: step up to the plate. Pass out the hat, collect a few bucks for the framing of a picture of Judge Crespo for the courtroom. We are sure Judge Glick could work with Judge Crespo's family to obtain a suitable picture.

MEMO TO THE REST OF OUR ROBED READERS: Sign some orders, call Judge Farina,(1-800-I'DA-BOSS) throw your considerable weight around (some pun intended) and get this done.

We all remember Judge Crespo. His love for his Country, his community, and his job should not go unrecognized. We are all diminished by his loss.

Just picture this scene: Some Sunday in 2010. A new Judge laboring away at a never ending list of new cases that need to be reviewed and have bonds set. The Judge takes a break and asks the clerk about the picture hanging on the wall. The Clerk smiles and starts to tell one more "Crespo story", maybe about his willingness to fill in for a colleague and cover a weekend bond hearing calendar. Refreshed with the spirit and memory of a man who loved his job, the Judge returns to work.

See You In Court.

PS: Judge Glick also saw fit to write to us about our post yesterday and the steamship docked outside his chambers:

“ F.Y.I , the “steamship outside his chambers” that you refer to in your ringing endorsement of my sanity is a hand made model of the steamship CARINTHIA, a Cunard liner from 1956, lest anyone who takes statements from the BLOG literally thinks there is a real steamship outside the office. “Rumpole responds: Everybody knows there is no way a steamship could dock outside of Judge Glick’s chambers: it could not fit through the security machine. Guns, knives, and various other weapons all fit nicely through the machine and make their way into our workplace everyday.

But a steamship would (eventually) catch the attention of the highly trained and vigilant security force into whose hands we place our security every day.

153 comments:

Judge Roberto M. Pineiro
said...

Renaming the Courtroom is a great idea. However, a framed picture is not enough (I already have a picture of Judge Manny's unforgettably impish, yet cherubic face hanging in my court). It would really be nice to commission a portrait. Perhaps, a fund could be set up to pay for it. Manny's family could choose the artist.Roberto M. Pineiro

why not a "hall of judges" in memory to all of those who have served? judge scott silverman is the official historian of the 11th circuit and he has all of the photos necessary for a tribute. it should be in the lobby...for more prominent exposure?

Henry Oppenborn. The last judge to conduct the pledge before taking the bench.

Ellen Morphonius certainly was a "colorful" judge. She paved the way for women in this county and in the state.

I understand that people remember the recently departed, however there have been judges that deserve memorials as well. Picking and choosing who gets a portrait and who does not makes the appearance of a popularity contest. Keep in mind the families of past judges who played a role in the history of jurisprudence here in Dade County. Memorials should be carefully considered as they invoke emotions from those who remember not to forget.

Don't misunderstand this post. Everyone mentioned on this thread worked hard to do the right thing. The thread actually proves my point, which is to consider a tribute to all.

I agree we should assist with the commission of a Judge Manny Crespo courtroom. But it would be more interesting to have his Courtroom on one side of the hallway, with an equally prominent courtroom across the way, dedicated to the Hon. Richard Margolius. When the door the former opens, one would hear whalesong and the flapping of butterfly wings, as puffs of clouds from the dry-ice waft up from under the bench. In the latter, a visitor may wish to duck, as Metallica's "Back in Black" is routed through the eardrum, and fire shoots out from the speakers. This would be the courtroom in which to try most probation violation hearings.

harvey baxter, a blast in the courtroom, john tanksley,richard hickey, aruthur winton,orginal PH mags. murray "chicken noodle" goldman,the late great paul baker, moie tenrich[ a great guy} and others to be named later.

Meek Robinette is indeed the answer to A.He also used to say ..Unless otherwise stated I find probable cause in every case. This is not in quotes since I am paraphrasing.

I like the idea of a Hallway with Judicial pictures. It covers a lot of territory but no one gets left out.

Manny devoted himself to service in REG, not South Dade Justice Center or Hialeah or North Dade.I think that any space, courtroom etc. that is dedicated to him should be in the Richard E. Gerstein Justice Building.

For those who remember Judge James Earnest, you of course remember the morning prayer session in his chambers. All of the Court personel, ASA's, PD's Court Reporters, Clerks would be required to hold hands and listen to the Judge recite a prayer.It did not matter if you were Christian, Jew, Muslim the prayer always ended..in Christs name we pray for this or ...in the name of the Father, Son and the Holy Ghost,AMEN

I forgot to suggest a small memorial dedicated to Phil Davis, Sepe, Goodhart, et. al. Let me propose a few spots for this touching honorarium.

1. The men's room on the 4th floor of REGJB. For some reason, this rest room has a smell that could knock a buzzard of a shit wagon. Even after it is cleaned it still stinks up the hallway.2. "The Bridge" - individual holding cells could house select portraits, or, just line them up on the wall outside the cells.3. The 9th floor. Give those on suicide watch a reason to trust the system.

P.S. Since Judge Thomas has already had a portrait commissioned and completed, I suggest it should hang right behind him over his bench. The handsome portrait shows the judge dressed in robe with a gavel in his right hand and a mirror in his left hand.

North Dade should be named after Baxter.He was instrumental in getting atm's in there to facilitate payments as well as the DMV downstairs so Defendants could go directly from court to DMV, reinstate DL and go back to court for Nolle Prosse. Too bad what happened to him.

To everyone who said I'm a good guy, thank you for the compliments. Oliver is also a good guy and, in fact, was an excellent step-father to my daughter with Rosa. Please lay off him.What happened between Rosa and Oliver is probably not a good topic for this blog. Let's move on.

We in Miami -Dade have had many fine judges over the years.Why not as has been suggested,have a "hall"or attorneu lounge honoring all of the fine judges who served this community.Some of the judge named in the blog are not even deceased yet,so I would doubt they or their families would appreciated the suggestion that they are deceased.Many more judges must be encluded,as a mere example what of Judge Fred Nesbitt,Judge Sidney Shapiro etc.Cal Mapp and Baxre are not dead.Why can't we check things out before suggesting hurtfull suggestions on the blog,especially when they are not meant to be humerous

Harvey Baxter was not a great judge. He was a meglomaniac and bigot. He used to threaten to send Cubans and Haitians back "home" in tubes if they didn't treat him with the respect he thought he deserved or pay their fines on time.

I remember one particular incident where I was prosecuting someone for DWLS. The defendant had failed to show up for 2 years. As soon as I saw him, I knew there was something wrong. He smelled so badly from cigarettes that I could smell him from across the room (literally). He was totally disheveled and had a broken arm. Baxter hammered him unmercilessly. The defendant explained tha the had been in the "hospital." It was obvious to me that he meant a psychiatric facility. The defendant shook so badly it was indescribable. Baxter continued to berate him. I nolle prossed the case in an attempt to end the fiasco. Baxter turned his wrath on me, but it was well worth it. Nobody deserved to be treated the way Baxter treated the defendants.

Unfortunately, the court reporters refused to take down his comments on the record because he intimidated them so badly (ask any prosecutor who appeared before him in the early 90's----he used to love to show us the newsclip describing how he shot a guy who broke into his home).

PS---no, I was not a "soft" prosecutor. Those of you who don't know me well would be shocked I did that. LOL. (sometimes I just love these anonymous posts).

Muslim leaders today strongly denounced comments Pope Benedict XVI made this week about Islam, calling them ignorant and divisive. In the Gaza Strip, several thousand Palestinians marched in protest, calling on Benedict to resign.

The conveniently named Patty Marino-Pedrazza-John Paul 2, offered to fill in for the bumblimg pontiff.

I just tried a case in front of Judge Pineiro. He had a picture of Judge Crespo hanging on his wall in the courtroom. I could not help but look at it each day of the trial with such fond memories of Manny. My father and everyone misses him dearly. I thought the picture in the courtroom was really special. Judge Glick (dad) that is a great idea!

There is an attorney's lounge. It is on the second floor attached to the traffic division attorneys office at the end of the hall. The FACDL-Miami Chapter has been providing free coffee in that room for several years now.

NOTE 2

FACDL-Miami initially floated an idea of naming the Jury Room on the 7th floor after Judge Crespo. That location came about because it was Judge Crespo who would go up to that room every Monday, go through the explanation of how important a role these citizens were playing in the criminal justice system and he would then swear them all in.

She should get CTS and be permitted to lounge by the pool. Then, 10,000 angry condo commandos should, slowly, stone her to death. Of course, all this with her victim's parents looking on as the decades of anguish soften.

"Any thoughts on Judge Young sentencing the elderly fugitive to 31 years?"

Are you kidding? She murdered a 13-year-old child who was swimming in the pool of her apartment complex without permission. She jumped bail after being convicted (real question: why in the world was she given bond?) and continues to maintain she did nothing wrong (she claims that she went out with a gun to scare the kids and that it "accidentally" went off. Apparently, the jury didn't buy that).

The late Judge Ira Dubitsky was the judge who allowed Ms. Otero to remain out of custody after the jury verdict. He was never labeled a "liberal" by any stretch of the imagination, during his distinguished career as a top level prosecutor and jurist. He was my friend and my division chief in Major Crimes in the 1970's and one of the greatest lawyers ever to practice in this building. When he took the bench he had a reputation of being a strict inflexible person. His reputation morphed into one of firm but fair.Notwithstanding, the practitioners in REG were astounded when he did not take Otero into custody after the verdict. The prosecutors begged him to take her in and predicted she would flee.He didn't, she did.I hope he is remembered for his many years of contribution to the administration of justice and the quality of his lawyering rather than this incident which is viewed by some as a horrible lapse of good judgment.

judg e glick is right. dibitsky was a seasoned and well prepared prosecuter in major crimes. i tried many cases against him and although i was fortunate never to lose to him it was always a battle. as a judge he took delight when a jury acquitted my client on a murder case, he would announce to the jury,"when is the defendants next murder trial set?" that would shock the jurors and i will never forget the looks on their faces.i was shocked at his passing at a young age.

one of the most colorful and fun loving judges was the late judge george orr. he was truly one of a kind. there are many judge orr stories . i am sure that many of our senior statesmen can share those with us.

I am a Public Defender, and feel not the least bit bad about this lady getting 31 years. She killed a 13 year old, and doesn't feel it was wrong because he was swimming in her pool. Are you kidding me? Even under the Bush shoot first self-defense law this does not make for a decent argument. This lady got 31 years that this kid will never see. She deserves to die in jail.

Since this post is about the memories of former Judges who have passed, we should not forget Bill Meadows, who was a Circuit Judge and then became the US Attorney here in the Southern District. He was a great man. Just ask any attorney who worked under him: Federal Judge Jose Martinez, Federal Judge Fred Moreno, Magistrate Ted Klein (who is still not well unfortunately), Bob Josefsberg, Neal Sonnet, Don Bierman, Tom Risavy, ASA Bill McGee, myself and many others

to 12:48. i am not bragging, but it is a fact. i am sure ira did it to others as well. but as judge glick said, he was one of the best prosecuters ever. in private practice ira handled only divorce cases and did not do criminal cases.he could not make the switch from being a proscuter.

Before I go out and get sloppy on pills, booze and marijuana, I want to reflect on a few observations and wishes before the Jewish New Year. I don't know when I will be back from Vegas. In fact, I may not come back from Vegas.

1. Nancy Grace may be the antichrist.2. The Pope is picking a fight with Muslims. Is that a bad thing?3. David Weed knows karate.4. The Indian guy who works the door at the back of REGJB is a hell of a fisherman.5. Bennett Brummer lives in Colorado.6.Can I rent the "Justice in Motion" van for a tailgate party? I will let Bill Mcghee drive.7.Why can't I get a good sandwich near the REGJB?8. I think I may have a crush on Judge Pando.9. Isn't it refreshing to have an experienced trial lawyer like Reimberto Diaz on the bench? He knows more than 97% of the ass clowns that appear before him.

Godspeed to all of you. I think I am going to take Buffalo and the points.

Trying to confirm rumor,yes a rumor that has apparently been floated for months now.At least one former candidate who lost against an incumbent was advised she would receive appointment following loss.The promisess or assurances were provided by the "handlers"and her J.N.C.friend who had been appointed by our Gov.One candidate "confided"such to some other candidates and incumbents on the trail.If anyone has information now is the time to provide the evidence,because such activity would truly hurt the entire judicial system.

alot of names of deceased judges have been posted. however the best trial judge[and human being] i have ever been in front of was edward cowart. he never had "black robe fever" was a fair man, and was a great friend and mentor of mine. he is greatly missed by those who were fortunate enough to practice before him......

can anyone explain why it is ok for muslims to burn the pope in effigy, but if a western reporter prints a cartoon depicting allah people get be-headed? i think we should stop this double standard, stop this politically correct bullshit, show some sac, and start beheading these islamic fascists. eye for an eye....

Crespo should and must be honored. I think that we cheapen his legacy when we make him one of the masses of ex-judges, instead of recognizing that he truly stood out from the others. There are a few others who may also deserve an honor, but I think that this strain on the blog has shown people's willingness to make some people larger in death than they were in life.

All Muslims are medieval, backwards ass, crazy fuckers.We need to deal with them as such. Their mullahs urge the crazies to kill for whatever,And they do it. Even if they have to blow themselves up.Talk wont work. We have got to gear up like Word war two and just do it

dear 6:02did you ever try a case before Crespo? a three day trial could take two weeks. a great guy but certainly not one of the best judges of his era. the pd and state attys in his ct could be in morning calender until 7pm and he would think nothing of it.

6:34 you are probally a ASA because there is not one PD or defense lawyer who would not honor Crespo, because he stood for one thing and that was fair justice for all.

Yes he did not care if calendar took till 7pm because he only cared about justice being done not the clock.

If I was defendant in Crespos court I would know that yes it may take a few hours to get to my case but when he did I would get equal time and consideration of the case before him. I would not be rushed out of his court room to ignore critical facts that may or maynot keep my client behind bars pending trial.

He was a true jurist bent on one cause to Judge each case on its merits and not be pushed by the over crowded sytem to defeat the purpose for which he wore the robe.

People are subject to limits of human tolerance, justice is well and good but people have lives too - that has been acknowledged as a factor on this blog again and again, i.e. complaints about the judges that had defense attorneys and juries in trial until 11pm...

Everyone has good qualities and not so good qualities, let's not gloss over the latter simply because its convenient to remember only the good stuff.

I was in Judge Crespo's court sitting their watching his calendar for almost two years on numerous times.

It did not matter who you were or where you came from Justice was equal.

He did not care that a defense attorney or ASA agreed to something if he thought unfair to the defendant he questioned the stipulations. He was over qualified for the job and I can guarantee you that if you were found guilty in his court or sentenced to a harsh sentenced you deserved it.

To many jurist want to rush justice and not examine each case as if its your only case and treat the life of a human being before you with the justice each defendant deserves.

The rights of the state and the defendant always mattered. That is why when Judge Crespo died he left behind a legacy that I hope other Judge's will examine and take from it all the good this man brought to our courts.

If the case docket is taking too long than write your legislator and get more seats appointed. Judge Crespo was doing the job he swron to do and did it better than anyone else.

The old "why don't you write your legislator" solution is what it is... a ticket to nowhere and its not an answer. It is so easy to always just say, "We need more money if this is going to work right." But on the other end, its so easy to say, "You guys tax me too much, I'm not paying for that."

I agree the courts are underfunded. But let's face it - justice isn't that we examine every person's case to the end of time to make sure that no wrongful conviction ever issue. Whether or not that was the case, is very relative and depends on the point of view.

If that were the standard, the judicial process would come to a grinding halt and cases would backlog and nothing would get done.

At some point, efficiency must prevail and that is the point made. A slow judge can be mistaken for a thorough judge, but is not necessarily the best judge because of their alleged painstaking detail.

There must be a balancing of all interests... because law itself from a philosophical standpoint is a compromise of interests despite wonderful idealistic notions.

Leslie Rothenburg was recruited to run against Al Milian (R) and Kathy F-Rundle (D) back in 2004. That's why she resigned her circuit court seat. It was well-known that she couldn't defeat KFR. For pay-back, she was to be appointed to the 3rd DCA. Looky see where she is now.

Had several court appointed life felonies-one capital-before Judge Crespo. Very nice man, friendly, patient with lawyers. Not worthy of tribute as great judge. In the 40 or so times I was in his courtroom he was late or court was cancelled or rescheduled 25% of the time, it took months to argue a motion to suppress, he would yell at defendants during sentencings, had a terrible temper, and did not know the law on complicated matters. He was a nice man-not a great judge. He may have seemed like one to attorneys in their 20s who spent months before him with nothing to compare it to. He also would be rude to lawyers who didn't kiss his ass.

hey 12:15 any lawyer who does not "kiss ass" to a judge is a lawyer I would never want.

A Judge is the almighty and if you want your client to get the best results do a little ass kissing. If you go into a court room to get into a pissing match with a Judge to the disadvantage of your client weather you are right or wrong, then you are as dumb as I think you are.

Any lawyer who appeared in Crespos court with the exception of that dip shit above, was thrilled to tell their clients that we got Crespo. You have a fair chance at true justice.

To 2:09. Obviously you don't do trials, represent serious cases, don't write and argue complicated motions, try to make a record for appeal etc. You plea your clients and that requires you kiss ass to avoid trials at all cost.If you knew anything about defending people facing life in prison you would know that the willingness to try the case, argue to and with a judge, and attack the prosecutor's case by motion practice is how you represent people and save them decades in prison. You obviously just want your fee, a quick plea, and not upset anyone which is why you labor on dui and 3rd degree felony pleas. If you had any real skill you would know that 1/2 the felony judges have little criminal trial experience and want their egos stroked because they don't want to make tough decisions or argue with lawyers vigorously defending a client facing life in prison. You probably don't take depos, no research, no motions and then tell your client to plea the minute the retainer runs out or he misses a payment and then you withdraw if he doesn't plea to prison. Jerk!

and since we are being honest, he had no tolerance for drug cases. for example, i watched a sentencing where the public defender turned down a five year deal with the state and pleaded his client stright up to crespo. the pd put on a nice presentation only to have his client sentenced to 10 years in prison. needless to say, the client and the atty looked like they had been in a taliban cave after 911 when crespo left the bench-shell shocked...and in another matter, i watched him sentence a "mule" to 15 years in prison after she lost duress defense at trial. i guess he never saw the movie maria full of grace.

I believe that 12:15 p.m. forgot that probably all those times when Crespo was late or court was cancelled was because he was receiving chemo treatment or was in the hospital, he finished trying a case at 6:00 p.m. the day before he died which by the way was a Saturday, when he was healthy he was never late or absent, he rather miss his grandkids' birthdays than being absent for a hearing or trial. You should be ashamed of yourself.

To 4:35- not ashamed of self, comments were related to years 1997-2001 and you misunderstood the gist of my comments. I loved Judge Crespo-He is not entitled to special recognition in my opinion that no other judge in GJB has ever received and he was not the smartest or the best judge. For example Judge Sorondo was a scholar.

MANNY WAS A WONDERFUL HUMANBEING WHO EXHIBITED GREAT JUDICIAL TEMPERAMENT.A MAN OF HIS TIME WHO DEALT WITH THE ISSUES OF HIS TIME WITH FLAIR AND PASSION.MANNY LOVED LIFE, LOVED HIS VOCATION,AND PROVIDED ONE HUNDRED AND TEN PERCENT OF HIMSELF.WE SHOULD ALL HAVE THIS PASSION FOR OUR CALLING.THESE ATTRIBUTES SET HIM APART. A MEMORIAL OF SOME SORT IS WELL DESERVED .COUNT ME IN ON A CONTRIBUTION.

I had hoped that my posting, concerning a possible courtroom dedication in REG to Judge Crespo, would make people aware that there is an effort out there to make that tribute happen.I was dissapointed in how the follow-up dicussion evolved.No Judge can please everyone all the time.Someone will leave the courtroom unhappy.Whether lawyers think a his courtroom practices were the best or the worst was not the issue we wanted to address.We are talking about a Judge who brought his heart and soul to this building, to the work that he did and to the people that he worked with and for. This is the consumate public servant. Serving you the public, day in and day out, was his goal. No complaints & no excuses despite health issues or what was going on in his life outside the building.For those who want to know, he did have a life outside this building.He had supportive and loving family,a devoted wife, children, grandchildren and more friends that any one person could ask for.His passions were his family, his history studies and the part of him that you saw, his work in this building. Early A.M to late P.M., working to make a contribution and hopefully a difference in an all to often indifferent system.If you feel the need to criticize him for being a workaholic, at least understand that it was never done from an ill will or evil intent. This was his work ethic.He was only motivated by public service and doing the best job that he could. Was he perfect? of course not, who is. It does not make him any less deserving of an honor befitting a great "PUBLIC SERVANT". That is what we would be honoring, the public servant and the human being.Please consider.

It seems that in order to dedicate a courtroom or any space in a county building it takes a request to and a vote of the county commission.The 11th Judicial Circuit Court historian, Judge Scott Silverman, provided me with that preliminary opinion. His initial research shows that only in Ocala was this done for a retired judge and did, in fact, go to the county commission for approval.

ON BEHALF OF MIGNA SANCHEZ-LLORENS AND MYSELF WE CONGRATULATE JUDGE SHELDON SCHWARTZ FOR AN HONORABLE AND WELL RUN CAMPAIGN.MAY YOU SERVE YOUR TERM WITH THE DISTINCTION AND HONOR YOU RAN YOUR CAMPAIGN.TO THE ANONYMOUS BLOGER :ANONIMITY IS A SURE SIGN OF COWARDICE.